Order, entered on December 24, 1962, unanimously reversed on the law and on the facts, with $20 costs and disbursements to appellant, and the complaint dismissed with leave to the plaintiff to move to vacate the dismissal within 30 days of the entry of the order hereon, on proper papers, including an affidavit of merits, and upon the further condition that plaintiff consent to the transfer of the action to the Civil Court.
In this personal injuries action, a motion...
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